Criminal Regulation Of Dissemination Harmful Information On Internet

Harmful information on internet is the indirect and objective existence,that exists in the Internet society,and its content violates legal norms or social ethical norms,its dissemination among the public will cause harm to the society.Harmful information on internet includes obscene and pornographic information,violent terrorist information,false information,insulting and defamatory information,making and selling contraband information,inciting criminal information,propagating cult superstition information and so on.Compared with the traditional harmful information,the dissemination situation of harmful information on internet has undergone profound changes,which mainly manifested in that the internet activates the traditional harmful information and makes the harmful information flooding;the internet has promoted a new form of dissemination of harmful information;and the internet significantly amplified the social harm of disseminating harmful information.However,China’s criminal legislation and judicature lag behind the change of this situation seriously,and are often at a loss for some new situations and problems.Therefore,this paper studies the problems of similarity,generality and commonality in the criminal regulation of dissemination of harmful information on internet,in order to achieve scientific and effective governance of the crime of dissemination of harmful information on internet,thus to maintain a good internet ecological environment and protect national security,social order and the legitimate rights and interests of citizens.At present,the research on the criminal regulation of harmful information in our country is mainly classified by the content of harmful information.Such as the criminal regulation of the false information,the rumor,the obscenity pornographic information and so on,generally lacks the attention to the common problems of criminal regulation of dissemination of harmful information on internet.This paper makes the criminal regulation of dissemination of harmful information on internet as a special topic and studies from the following aspects.Chapter 1:Definition of harmful information on internet.Firstly,this paper reviews and comments on the concept of harmful information on internet,and deconstructs the concept of harmful information on internet from the three basic elements of "internet","harmful" and "information",in order to determine the object of the research.On the basis of defining the concept of harmful information on internet,this paper analyzes its types.Secondly,the concepts of harmful data on internet,spam information on internet,illegal information on internet and bad infomation on internet are discriminated and analyzed,which are similar to harmful information on internet.Finally,the harmful information on internet is compared with traditional harmful information in terms of communicator,information content,media,audience,communication environment,communication purpose and communication effect,so as to highlight the significance of the research.Chapter 2:Dissemination of harmful information on Internet in the perspective of criminal law.The criminal regulation of dissemination of harmful information on internet is essentially a process of transformation of discourse system,that is to say,dissemination of harmful information on internet in the context of daily life is transformed into dissemination of harmful information on internet in the context of criminal law.It mainly includes the attribution of the constitutive elements of the crime of "internet" and "harmful information",the dissemination behavior in criminal law and its alienation on internet,and the judgment of "harmful" in criminal law.Chapter 3:The boundaries of criminal regulation of dissemination of harmful information on internet.From the analysis of the relationship between crime and penalty,the boundaries of criminal regulation is determined by the nature of crime and the legitimacy of penalty.The nature of crime is infringement of legal interests,The dissemination of harmful information on Internet not only infringes on the traditional legal interests but also infringes on the legal interests of internet ecological environment,the objective harm of behavior,subjective malignancy of the perpetrator,possibility of recidivism of the perpetrator or potential perpetrator,which should be examined for the legitimacy of penalty of dissemination of harmful information on internet,are also integrated into the internet factors.As a result,compared with the traditional harmful information,the boundaries of criminal regulation of dissemination of harmful information on internet has changed.Chapter 4:The change of the idea of criminal regulation of dissemination of harmful information on internet.On the one hand,modesty is the basic ideal of criminal law,however,the criminal law has shown a clear criminalization tendency in regulating dissemination of harmful information on internet,the modesty of criminal law must adapt to the trend of the times,from "restricted punishment" to "necessary punishment".On the other hand,the criminal law shows an obvious tendency of crime prevention in the risk society,the criminal regulation of dissemination of harmful information on internet shows the transforming the preparatory act to the perpetrating act,the treating accomplice as perpetrator,the punishment of holding act,and the increase of cooperation obligations in criminal are justified.Chapter 5:Criminal responsibility of internet service providers.On the one hand,different service contents provided by internet service providers will affect the criminal responsibility.On the other hand,internet service providers are the core controllers of information technology and the actual controllers of information flows,it is necessary and feasible to give it the obligation to cooperate in the criminal law to control information,but the content of the internet security management obligations of internet service providers should be clarified.Chapter 6:The duty to act of specific internet users.Internet users are usually only responsible for their direct or involvement in disseminating harmful information.However,some specific internet users have the ability to control the dissemination of information by other users.because of the internet platform rules,their identity and other factors.such as the administrator of WeChat group,the very important users of Micro-blog,and webcast hosts.It is necessary to discuss the legitimacy of controlling other users’ dissemination of information by specific internet users from the two paths of pure omission and non-pure criminal omission.